Photographers Ask High Court to Reverse Gay Discrimination Ruling

The owners of an Albuquerque wedding photography company are asking the U.S. Supreme Court to reverse a New Mexico court ruling that required them to offer their services to gay couples.

Jonathan and Elaine Huguenin, the owners of Elane Photography, filed a petition with the high court claiming they have a free speech right to refuse on religious grounds to photograph a same-sex ceremony.

As WSJ reported, the Huguenins are among several wedding professionals in at least six states battling discrimination claims after turning away same-sex couples.

The New Mexico Supreme Court in August held that the company’s refusal was an act of discrimination. Under the New Mexico law, it’s unlawful for a public accommodation to deny services to someone because of the person’s sexual orientation.

“Such disregard for the constitutional rights of these professionals threatens to drive them from the marketplace. Not only would that limit the expressive options available to the public, it would cost these individuals their livelihoods,” wrote the Alliance Defending Freedom, a religious legal-rights group representing the photographers, in the petition filed Friday. “Whether the First Amendment permits this result is a question that warrants this Court’s review.”

They say that “the expansion of public-accommodations laws into the realm of expression presents significant constitutional concerns.”

A lawyer for the American Civil Liberties Union, responding to the state court ruling in August, said at the time, “When you open a business, you are opening your doors to all people in your community, not just the select few who share your personal beliefs.”

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